Monday, August 02, 2010

Jacksonville nursing avoids being shut down

The scheduled closure of a Jacksonville nursing home is on hold indefinitely while an appeals court decides its fate.

Glenwood Nursing Center, whose license had been revoked by state authorities, had been ordered to close its doors by Aug. 26. But the center appealed the decision, saying it hadn't been given enough time to respond to the charges.

The Florida Agency for Health Care Administration revoked the center's license in July, saying it failed to stop problems with resident-on-resident abuse and other dangers. Lawyers for the center say they planned to file a response and ask for a hearing on the matter, but weren't given the proper amount of time. The agency said the center missed the deadline to file.

On Friday, the First District Court of Appeal ordered that the center's closure be delayed until that question is resolved. If the center wins its case, it would be given a chance to appeal the license revocation.

In the meantime, the center agreed to be inspected every six months.

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Saturday, July 31, 2010

How Useful Is the Concept of "Failure to Thrive" in Care of the Aged?

In an issue of American Family Physician, Robertson and Montagnini1 reviewed the challenges of caring for an aged patient with multiple problems whose health and vitality are rapidly declining. The term “failure to thrive,” which was borrowed from health care for children to describe this accelerated decline, began appearing in the geriatric literature more than 30 years ago to denote a range of circumstances including physical and mental deterioration, abuse and neglect, and rapidly progressing frailty.

In a study2 of physicians who used the term “geriatric failure to thrive,” the authors noted that it “is a term irregularly used and poorly defined.” They questioned whether the concept should be used in reference to geriatric patients, fearing that it “can reinforce the stereotype of elderly people as demented and decrepit” and “may actually hinder the urgent search for treatable, reversible causes of an elder’s deterioration.”2 Other authors3 concluded that “the label ‘failure to thrive’ promotes an intellectual laziness—accompanied by a certain resignation, passivity, or fatalism.” These authors3 responded with a recommendation for “the abandonment of the term ‘failure to thrive’ and the adoption of a more measurement-oriented approach” that explicitly assesses impaired physical function, malnutrition, depression, and dementia.

A review of MEDLINE citations and geriatric textbooks shows that, although “failure to thrive” is still a fairly common focus of authors in nutrition and nursing, it has become less prominent in the medical literature in the past six years as a central conceptualizing theme.

Contributing to concern about the use of the term “geriatric failure to thrive” are the generally vague or broad definitions, the huge clinical territory to which the term has been applied, and the difficulties of formulating a coherent research agenda. Family physicians should be wary of the application and implications of this label. First, geriatric failure to thrive should not be treated as a diagnosis or a specific disease.3 Second, it should not be equated with frailty.4 Decreased function, strength, and stamina are hallmarks of the frail aged person; however, frailty is primarily a state of increased risk and low reserve to stress, a state which all people who live into their ninth decade manifest at varying levels.4,5

Failure to thrive should be seen as an unexpected and significant falling away from the normal curve of declining vigor, weight, function, and reserve that affects even the healthiest aged persons.5 Finally, failure to thrive should not be a summary concept of a patient’s situation that prompts resignation and withdrawal of efforts to find underlying causes,2 and it should not be the final clinical thought.

If the term “geriatric failure to thrive” is of any use, it is as a brief reminder to the clinician that there is major work ahead in carefully reviewing potentially reversible underlying processes in aged patients who are manifesting unexpected and unexplained declines in nutritional intake and weight, self-care, cognitive function, and interest in life. It is true that a single major problem may not be identified or, if identified, may not be reversible. However, multiple contributors often can be found, and some of them can be ameliorated; some, when thoughtfully addressed, can serve to leverage improvement in other issues that had seemed refractory.6

Encountering the unexpected and unexplained acceleration of decline in a frail aged patient gives family physicians a wonderful opportunity to do what they do best: serve as human ecologists, as expert observers and investigators, and as healers of dysfunction in a complex hierarchy comprising a biological system and an individual with a mind, feelings, and personality, who is living within a family, community, and environment.

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Thursday, July 29, 2010

Woman awarded $7 million in court case

Jury holds Hillcrest Nursing Home responsible for former resident’s pain, suffering and medical expenses

LAUREL COUNTY, Ky. — A jury awarded a London woman $7 million last week for pain, suffering and medical expenses for injuries she incurred while recuperating from knee surgery at a southern Laurel County nursing home.

Grace Fugate filed a lawsuit against Hillcrest Nursing Home in 2004, claiming staff members at the facility were negligent in caring for her after her surgery.

After a three-day trial in Laurel Circuit Court, a jury awarded Fugate $383,097.95 for past medical expenses, the maximum amount allowed by Kentucky state law. She was also awarded $766,195.90 for future medical expenses and $1 million for past and future physical, mental and emotional pain and suffering.

Additionally, the jury awarded Fugate $5 million in punitive damages for the nursing home’s negligence during her stay.

Annette Morgan with Morgan & White Law firm in Manchester, Fugate’s attorney, said she is thrilled with the unanimous decision.

Tipton & Tipton Law Offices in Corbin represented Hillcrest Nursing Home and its owner Terry E. Forcht in the lawsuit. Messages seeking comment were not returned by press time Tuesday.

Fugate, who was 67 at the time of the incident, had undergone knee replacement and was placed in rehabilitation at Hillcrest in July 2004.

According to the lawsuit, on Aug. 3, 2004, Fugate needed help getting up from bed and rang for a nurse assistant.

“An employee of Defendant Hillcrest Nursing Home rudely told her to ‘Do it yourself,’ adding the insult, ‘Get over yourself.’ Said employee placed the call button and/or beeper so that the plaintiff could not request the assistance of another aid and/or nurse and left the room after refusing to give assistance to the plaintiff,” the lawsuit reads.

Fugate then attempted to get out of bed on her own to use the bathroom, and fell in the floor beside her bed. The impact of the fall caused the surgical incision to rupture and damaged the ligaments around her knee.

“The nurse who came in and found her said that it was a horrific sight,” Morgan said. “Grace was taken to Baptist Regional Medical Center and had to be resuscitated due to the blood loss.”

Fugate, who now lives in Laurel Heights Home for the Elderly, remained at the Corbin hospital for two months. Morgan said Fugate’s son tried to care for her in his home, but she continued to have ongoing infections around the knee and eventually had to have the leg amputated.

Fugate has a long history of health problems prior to her fall at Hillcrest Nursing Home. She was diagnosed with rheumatoid arthritis when she was about 30 years old, Morgan said, and also suffered severe osteoporosis and multiple joint replacement at the time of the accident.

It took nearly seven years for a jury to hear Fugate’s case in part because the nursing assistant who allegedly denied helping Fugate that day in 2004, Ginda Rogers, was unable to be located.

“We spent several years trying to locate the employee,” Morgan said. “Seven years is a long time. But we did have to put off the trial three times due to Grace’s (Fugate) health. She’s had ongoing infections since the day she fell. And Grace wanted her day in court. She always told me that they knew what they did to her and that no one should ever be treated that way.”

Fugate’s health, however, prevented her from attending the trial last week, Morgan said.

The attorneys representing Hillcrest Nursing Home have 30 days to file an appeal.

“After those 30 days are up, I have the job of trying to collect this money for Grace,” Morgan said. “I want Grace to have some of this money while she is still living.”

Morgan said Fugate wishes to “go home.” Morgan wants to secure the award money for her so Fugate can pay a qualified person to care for her in her home.

“She wants to spend her last days at home,” Morgan said. “Now it’s my job to see that she gets some of this money so that she can.”

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Large damages set in Phila. bedsores case

In an highly unusual step for such a case, a Philadelphia jury yesterday leveled $5 million in punitive damages against Jeanes Hospital and a Wyncote nursing home in the death of a man who developed ultimately fatal bedsores while at both facilities.

The damages -- $1.5 million against Jeanes and $3.5 million against the Hillcrest Convalescent Home -- came two weeks after the same Common Pleas Court jury awarded $1 million in compensatory damages in the case. The damages were awarded to the widow of Joe N. Blango, who died of bedsores in 2008, two years after being discharged from Jeanes Hospital in the city's Fox Chase section.

While compensatory damages are not unexpected in such cases, punitive damages are, according lawyer Robert L. Sachs, who handles nursing-home cases and serves as liaison to the Philadelphia court for other nursing-home litigators.

"To my knowledge, this is the first nursing-home case to go to the jury on punitive damages in Philadelphia," said Sachs, who was not involved in the Blango case.

Rebecca Harmon, a spokeswoman for Temple University Health System, which owns Jeanes, said Temple would appeal the verdict.

"There is not one shred of evidence to support any liability in this case as it relates to Jeanes Hospital, and the contemplation of punitive damages is simply inexplicable," she said in an e-mail. "We're very proud of the high-quality care provided to patients each and every day at Jeanes Hospital."

Attempts to reach a representative for Genesis HealthCare Corp., which owns Hillcrest, were unsuccessful.

Steven R. Maher, who represented Blango's widow, said that in his 25 years of handling such cases, this was only the second time a jury had awarded punitive damages.

One reason, he said, was the high standards required to permit punitive damages to be considered. A jury must find that a facility had engaged in "outrageous and reckless conduct," he said.

Blango went to Jeanes on May 21, 2006, after suffering weakness and confusion. He was 74 at the time and was thought to have suffered a stroke.

According to Maher, doctors at Jeanes failed to properly diagnose that Blango was suffering from a urinary-tract infection that, as a result, worsened and left him susceptible to the bedsores that ultimately killed him.

After about a week at Jeanes, Blango was transferred to Hillcrest, where he stayed two weeks until his condition worsened and he was returned to Jeanes. He was released to go home after three days.

Maher contended that workers at Jeanes and Hillcrest allowed the bedsores to fester and Blango to go malnourished to the point that he lost 28 pounds.

After he returned home, Blango was cared for by his wife, Shirley, before dying from the bedsores two years later.

"This verdict sends a message," Maher said, "that this type of care is unacceptable and will not be tolerated."

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Jury awards $5 million punitive damages in nursing malpractice case

A Philadelphia jury has awarded $5 million in punitive damages in a nursing home medical malpractice case. Just a week and a half ago the jury found Hillcrest Convalescent Home, owned by Genesis Healthcare Corp. of Kennett Square, and Jeanes Hospital of Northeast Philadelphia liable for $1 million in damages in the 2008 death of Joe Blango.

The jury's punitive award was for $3.5 million against Hillcrest and $1.5 million against Jeanes, which is part of the Temple University Health System.

In May 2006 Blango, then 73, developed serious bed sores during admissions - first to Jeanes Hospital, and then to Hillcrest, according to court filings. Over the next five weeks Blando contracted infections, became seriously malnourished and dehydrated during hospital and nursing home stays, according to the complaint filed by the lawyers for Blando's estate. The complaint also noted that the man's bed sores became progressively more serious and "led directly to his death" according to the plaintiffs' medical expert.

"Mr. Blango was treated at Jeanes Hospital for five days in May 2006 and again for 3 days in June 2006," said Temple University Health System spokeswoman Rebecca Harmon in a statement. "He was discharged in June 2006 in stable condition - with no complaints, no pain, and normal vital signs. Mr. Blango expired two years later - in April of 2008. There is not one shred of evidence to support any liability in this case as it relates to Jeanes Hospital, and the contemplation of punitive damages is simply inexplicable."


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Nursing home owners can be liable in neglect cases

A three-judge Superior Court panel has overturned an Allegheny County Common Pleas judge and declared that a local nursing home and its owner may be held liable in a patient neglect death.

The court's ruling means that nursing home owners now may be sued for neglect in any of their homes. It also expands the legal interpretation of liability, which once restricted corporate negligence liabilities, to include not only hospitals and health maintenance organizations but also nursing homes.

"This is the first case in Pennsylvania to have such a holding," said Peter Giglione, a Pittsburgh lawyer who represented Richard Scampone in his suit on behalf of the estate of his mother, Madeline Scampone. She died Feb. 9, 2004, at Highland Park Care Center.

The suit filed in Common Pleas Court charged that Mrs. Scampone died of dehydration and presented witnesses who said the facility was understaffed, medical records were falsified and water was not provided to residents because the employees were overworked.

The Scampone estate won a judgment of $193,000 but sought and won a new trial after arguing that Judge Robert J. Colville erred in allowing the home's owner, Grane Healthcare, to be excluded from the suit.

The Superior Court panel was made up of Judges Mary Jane Bowes, Christine L. Donohue and senior Judge Zoran Popovich.

The judges concluded that Grane, the parent firm, played a substantial role in managing the Highland facility, including establishing quality assurance.

"We conclude that plaintiff's evidence established that both Highland and Grane acted with reckless disregard to the rights of others and created an unreasonable risk of physical harm to the residents of the nursing home," the court declared in its ruling. "The record was replete with evidence that the facility was chronically understaffed and complaints from staff continually went unheeded."

The court also declared that employees of the company "not only were aware of the understaffing that was leading to improper patient care, they deliberately altered records to hide that substandard care by altering [Activities of Daily Living records] that actually established certain care was not rendered."

Read more: http://www.post-gazette.com/pg/10205/1075085-455.stm#ixzz0v6EduzW4

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Thursday, July 22, 2010

Hardee County Florida woman charged with elderly neglect

Florida Attorney General Bill McCollum has announced the arrest of a Hardee County woman who has been charged with operating assisted living facilities without a license and neglecting elderly adults under her care.

The arrest followed a joint investigation by McCollum's Medicaid Fraud Control Unit's Patient Abuse, Neglect and Exploitation (PANE) Team and the Hardee County Sheriff's Office.

Investigators said that Juanita Jackson Wright, 52, was operating three assisted living facilities in Wauchula without a license. She currently has two licensed facilities, but failed to get licenses for the three others.

Two of the unlicensed facilities were condemned in June by the county as unfit for habitation, which is the basis for the charges of neglect.

If convicted, Wright could face a maximum penalty of 25 years in prison and $25,000 in fines.

McCollum's PANE Team has played a key role in the investigation of this case. The group acts to detect abuse and neglect of elderly and disabled adults and ensure that efficient and effective health care is being provided.

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Jury Gives $114 Mil. in Winter Haven Nursing Home Abuse Case

The verdict is one of the largest ever by a Polk County jury.

Juanita Jackson died July 6, 2003, after staying at Integrated Health Services at Auburndale.

A lawsuit filed the next year claimed that Jackson's treatment at the facility led to her death.

The allegations included that Jackson was hurt after falling down and received other injuries from pressure sores, overmedication, malnourishment and dehydration.

A representative for Delaware companies listed in the lawsuit as operating the nursing home at the time of Jackson's stay, Trans Healthcare and Trans Health Management, could not be reached Wednesday for comment.

Blair Mendes, one Tampa lawyer representing Jackson's family, said the companies weeks ago stopped participating in the lawsuit after years of litigation.

A default judgment was entered against them on July 7, and jurors were asked to determine the amount of money in damages.

On Tuesday, jurors awarded $14 million in damages and $100 million in punitive damages to Jackson's family, which includes three daughters and a son.

"We are going to try to collect," Mendes said.

Jackson's children declined a request for an interview but released a statement.

"We are proud that we fought for our mom, and we are glad that people recognized the suffering she went through. We hope this will help make sure no one else has to go through such a horrible experience."

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Monday, July 19, 2010

Decubitus Ulcer Treatment Pioneer

How one nurse helped stop killer bedsores

It sounds obvious today, but it took the work of an innovative nurse in the 1950s working with a group of elderly patients to realise it.

Bedsores, also known as pressure ulcers or decubitus ulcers, are lesions caused by a number of factors including unrelieved pressure.

The elderly and infirm are particularly vulnerable, with bony areas of the body particularly prone.

Relieving pressure

Before Doreen Norton carried out her research, nurses had over a hundred remedies on offer - but none worked.

Martin Johnson, professor of nursing at the University of Salford, said the work of nurses like Doreen had changed the face of patient care.

Her work, and that of countless other nurses over the last 50 years, is being celebrated next week by the Royal College of Nursing at its annual research conference in Cardiff.

Professor Johnson said that, before Ms Norton's paper, bedsores or pressure ulcers were a major killer of hospital patients and nothing seemed to help.

"If one had a bedsore on the sacrum (at the base of the spine) or the heel, there were about 150 different prescriptions that ward sisters would issue to remedy this. None of these were very successful.

"She was able to show that really the only successful way of treating pressure sores was to remove the pressure - really obvious!

"This had an immediate implication that the nurses had to turn the patients at least every two hours.

"And this was a study that that was based on science rather than just what people thought."

Kate Gerrish, professor of nursing at Sheffield City Hospitals and Sheffield Hallam University, said that the bedsore study had been seminal, reversing the practices of years for nurses like herself.

"Looking back, what we did was horrifying.

"I was taught to do certain things for bedsores that have subsequently been shown to be harmful to patients.

"When we were trying to prevent pressure sores we would put all sorts of things on their skin - including menthylated spirits and soap, and we would massage the areas.

"All that has been proved to be detrimental to patients."

Innovator

As well as altering the approach to bed sores, Ms Norton, who died two years ago, also helped design the King's Fund bed, an adjustable bed used in many hospital wards.

She said she had "always had a feeling for mechanical things", and her first job had been in engineering in her father's refrigeration engineering firm.

Dr Peter Carter, chief executive and general secretary, of the RCN agreed: "Nurses spend more time with patients than any other health professionals and so really understand patient needs.

"Due to this, over the last 50 years, nursing research has been instrumental in bringing about significant healthcare advancements. "

Thursday, July 15, 2010

UC-Irvine Center Shines Spotlight on Elder Abuse

IRVINE – On any night in Orange County, a child or woman may suffer abuse, neglect or exploitation, while down the street a vulnerable elder endures mistreatment by a caregiver or other person in a trust relationship.

The situation involving the child or female will attract the most attention, but elder advocates are encouraged that there is growing awareness of elder abuse, particularly with the national health reform law addressing elder abuse issues and the observation of World Elder Abuse Day last month.

"We say elder abuse is 20 years behind both domestic violence and child abuse," said Mary Twomey, co-director of the Center of Excellence on Elder Abuse & Neglect. The geriatrics program at UC-Irvine's School of Medicine houses the center.

"Elder abuse is finally getting the attention it deserves. People don't like to talk about getting old and about crimes against older people," Twomey said.

Celebrating five years of operation, the first-of-its-kind center -- established with a grant from the local Archstone Foundation -- has become a central, statewide source of technical assistance, best-practice information, multidisciplinary training, research and policy issues.

The Colors of Abuse

Unprecedented research from UCI's geriatrics experts examines the issue of inflicted elder bruising, often considered an unpleasant, misunderstood subject. "That information is answering basic questions for the first time in the field," said Twomey.

The three studies, under the direction of UCI gerontologist Aileen Wiglesworth, show that the cause of bruises can be remembered by most seniors, even those with memory disorders. A bruise can be almost any color on the day it appears, and it's nearly impossible to tell the age of a bruise by its color.

"The study to identify bruising patterns in older adults subjected to elder abuse is an important tool for law enforcement, Adult Protective Services and the (state's long-term care) ombudsman to protect our most vulnerable seniors," said Lynn Daucher, director of the California Department of Aging. "I am particularly proud that this effort has originated in Orange County."

The time for increased awareness of elder abuse has come, according to Carol Mitchell, program manager for Orange County Adult Protective Services. She said reports received by APS increased by 188% from 1994 through 2009. They continue to steadily increase, up from almost 4,000 in 1999 to nearly 7,000 last year. There were approximately 700 reports in both April and May this year.

"There is more awareness, and times are really hard for some people," said Mitchell. "People are calling; people are reporting."

Experts estimate that for each incident reported, five others are not. Nearly two million older Americans are abused each year, and studies show that between 2% and 10% of the nation's older adult population experiences abuse, neglect, financial exploitation or self neglect each year.

Abuse occurs in private homes, as well as commercial institutions. The most common type of abuse reported is self neglect, the failure to provide for one's own care. Individuals abused by others are most likely to have been neglected or financially abused, or both. The vast majority of abusers are relatives of the victims. The incidence of elder abuse increases significantly with age, with those ages 85 and older six times more likely to be suffering from abuse than those ages 65 to 69.

"We have a lot of support," Mitchell said, but with 43 social workers and seven supervisors, she's working with 17% fewer employees than she did in 2008. "They're great, well-trained," she said, "but we're unable to grow to meet the demand. We are, however, better prepared and equipped to deal with the problem."

Mitchell's office plays weekly host to the Orange County Elder Abuse Forensic Center, another first-of-its-kind effort. The center is an independent arm of UCI's Center of Excellence and is dedicated to changing how abuse cases are investigated. Following an initial documentation, law enforcement, social workers, a geriatrician and neuropsychiatrist join forces. Representatives from nine local agencies work in a multidisciplinary team. UCI and APS are joined by the office of the district attorney, sheriff's department, public administrator/public guardian, the Anaheim Police Department and others.

"Our meetings provide consistency. Before, we'd have to muddle our way through the process," said Delrey McKenzie, veteran investigator for the Special Victims Detail of the Orange County Sheriff's Office. "Now we ask, as conscientious participants, 'How can we best triage this situation?'"

With UCI's center as a focal point, combined efforts of people sharing contacts and skills are putting a strong Band Aid on a problem that can otherwise feel mind-boggling to those dealing with it, McKenzie said.

No Time to Waste

"There's no way to know how many people are abused in America -- it's not just a Blue State or Red State issue," Twomey said.

The landmark, bipartisan Elder Justice Act, signed into law March 23 as part of health care reform, establishes new guidelines for dealing with elder abuse. "Now, we need to rally the troops. Now the real slugfest (to get funds appropriated to implement the law) starts," Twomey said. "Anything is better than what we had, which is nothing from a policy perspective. Ours is a small piece, but for us it's the biggest thing since Lady Gaga's last outfit."

The biggest thing will be procuring funding, according to Marie-Therese Connolly, an author of the act, attorney and elder abuse expert. Connolly -- a Woodrow Wilson senior scholar; former coordinator of the Elder Justice and Nursing Home Initiative with the U.S. Department of Justice; and director of the newly created advocacy group Life Long Justice -- has been involved with elder abuse for years, including participating in early drafts of the legislation almost a decade ago.

"We know a lot more now than when the law was written in 2002," Connolly said.

She said the legislation has the potential to safeguard individuals through the development of elder forensic centers, enhancing forensic capacity and coordinating agencies and disciplines.

Only part of the original Elder Justice Act survived to be included in the national reform law. Missing are provisions that were designed to improve the knowledge base through research, data collection and development of centers of excellence; to create emergency safe havens; to enhance law enforcement and justice system capacity to address elder abuse; and to expand training in some areas.

The UCI Center of Excellence, Connolly said, is a great example of what can be accomplished when a good idea and an understanding funder -- Archstone Foundation in this case -- come together. But, Connolly pointed out "success also requires a dynamic individual who has expertise, motivation, can inspire other people and put together a great team." She called UCI Program Director Laura Mosqueda "a significant leader and visionary, one of four leading geriatricians in the field and a dynamic force among collaborative partners."

"I've had enough of this attitude that, 'It's not abuse; he's just old, and old people bruise easily or fracture easily,'" Mosqueda said in a prepared statement. "It's time for us to stop thinking this way."

Connolly couldn't agree more. "We're a long way from where we need to be to deal with the rising risk of elder abuse due to the looming 'trifecta' of an aging population, more people with dementia and acute shortages of caregivers."

UC-Irvine Center Shines Spotlight on Elder Abuse - Features - California Healthline: "- Sent using Google Toolbar"

UC-Irvine Center Shines Spotlight on Elder Abuse

IRVINE – On any night in Orange County, a child or woman may suffer abuse, neglect or exploitation, while down the street a vulnerable elder endures mistreatment by a caregiver or other person in a trust relationship.

The situation involving the child or female will attract the most attention, but elder advocates are encouraged that there is growing awareness of elder abuse, particularly with the national health reform law addressing elder abuse issues and the observation of World Elder Abuse Day last month.

"We say elder abuse is 20 years behind both domestic violence and child abuse," said Mary Twomey, co-director of the Center of Excellence on Elder Abuse & Neglect. The geriatrics program at UC-Irvine's School of Medicine houses the center.

"Elder abuse is finally getting the attention it deserves. People don't like to talk about getting old and about crimes against older people," Twomey said.

Celebrating five years of operation, the first-of-its-kind center -- established with a grant from the local Archstone Foundation -- has become a central, statewide source of technical assistance, best-practice information, multidisciplinary training, research and policy issues.

The Colors of Abuse

Unprecedented research from UCI's geriatrics experts examines the issue of inflicted elder bruising, often considered an unpleasant, misunderstood subject. "That information is answering basic questions for the first time in the field," said Twomey.

The three studies, under the direction of UCI gerontologist Aileen Wiglesworth, show that the cause of bruises can be remembered by most seniors, even those with memory disorders. A bruise can be almost any color on the day it appears, and it's nearly impossible to tell the age of a bruise by its color.

"The study to identify bruising patterns in older adults subjected to elder abuse is an important tool for law enforcement, Adult Protective Services and the (state's long-term care) ombudsman to protect our most vulnerable seniors," said Lynn Daucher, director of the California Department of Aging. "I am particularly proud that this effort has originated in Orange County."

The time for increased awareness of elder abuse has come, according to Carol Mitchell, program manager for Orange County Adult Protective Services. She said reports received by APS increased by 188% from 1994 through 2009. They continue to steadily increase, up from almost 4,000 in 1999 to nearly 7,000 last year. There were approximately 700 reports in both April and May this year.

"There is more awareness, and times are really hard for some people," said Mitchell. "People are calling; people are reporting."

Experts estimate that for each incident reported, five others are not. Nearly two million older Americans are abused each year, and studies show that between 2% and 10% of the nation's older adult population experiences abuse, neglect, financial exploitation or self neglect each year.

Abuse occurs in private homes, as well as commercial institutions. The most common type of abuse reported is self neglect, the failure to provide for one's own care. Individuals abused by others are most likely to have been neglected or financially abused, or both. The vast majority of abusers are relatives of the victims. The incidence of elder abuse increases significantly with age, with those ages 85 and older six times more likely to be suffering from abuse than those ages 65 to 69.

"We have a lot of support," Mitchell said, but with 43 social workers and seven supervisors, she's working with 17% fewer employees than she did in 2008. "They're great, well-trained," she said, "but we're unable to grow to meet the demand. We are, however, better prepared and equipped to deal with the problem."

Mitchell's office plays weekly host to the Orange County Elder Abuse Forensic Center, another first-of-its-kind effort. The center is an independent arm of UCI's Center of Excellence and is dedicated to changing how abuse cases are investigated. Following an initial documentation, law enforcement, social workers, a geriatrician and neuropsychiatrist join forces. Representatives from nine local agencies work in a multidisciplinary team. UCI and APS are joined by the office of the district attorney, sheriff's department, public administrator/public guardian, the Anaheim Police Department and others.

"Our meetings provide consistency. Before, we'd have to muddle our way through the process," said Delrey McKenzie, veteran investigator for the Special Victims Detail of the Orange County Sheriff's Office. "Now we ask, as conscientious participants, 'How can we best triage this situation?'"

With UCI's center as a focal point, combined efforts of people sharing contacts and skills are putting a strong Band Aid on a problem that can otherwise feel mind-boggling to those dealing with it, McKenzie said.

No Time to Waste

"There's no way to know how many people are abused in America -- it's not just a Blue State or Red State issue," Twomey said.

The landmark, bipartisan Elder Justice Act, signed into law March 23 as part of health care reform, establishes new guidelines for dealing with elder abuse. "Now, we need to rally the troops. Now the real slugfest (to get funds appropriated to implement the law) starts," Twomey said. "Anything is better than what we had, which is nothing from a policy perspective. Ours is a small piece, but for us it's the biggest thing since Lady Gaga's last outfit."

The biggest thing will be procuring funding, according to Marie-Therese Connolly, an author of the act, attorney and elder abuse expert. Connolly -- a Woodrow Wilson senior scholar; former coordinator of the Elder Justice and Nursing Home Initiative with the U.S. Department of Justice; and director of the newly created advocacy group Life Long Justice -- has been involved with elder abuse for years, including participating in early drafts of the legislation almost a decade ago.

"We know a lot more now than when the law was written in 2002," Connolly said.

She said the legislation has the potential to safeguard individuals through the development of elder forensic centers, enhancing forensic capacity and coordinating agencies and disciplines.

Only part of the original Elder Justice Act survived to be included in the national reform law. Missing are provisions that were designed to improve the knowledge base through research, data collection and development of centers of excellence; to create emergency safe havens; to enhance law enforcement and justice system capacity to address elder abuse; and to expand training in some areas.

The UCI Center of Excellence, Connolly said, is a great example of what can be accomplished when a good idea and an understanding funder -- Archstone Foundation in this case -- come together. But, Connolly pointed out "success also requires a dynamic individual who has expertise, motivation, can inspire other people and put together a great team." She called UCI Program Director Laura Mosqueda "a significant leader and visionary, one of four leading geriatricians in the field and a dynamic force among collaborative partners."

"I've had enough of this attitude that, 'It's not abuse; he's just old, and old people bruise easily or fracture easily,'" Mosqueda said in a prepared statement. "It's time for us to stop thinking this way."

Connolly couldn't agree more. "We're a long way from where we need to be to deal with the rising risk of elder abuse due to the looming 'trifecta' of an aging population, more people with dementia and acute shortages of caregivers."

UC-Irvine Center Shines Spotlight on Elder Abuse - Features - California Healthline: "- Sent using Google Toolbar"

Nursing Home Residents Voiceless in Kentucky

http://www.kentucky.com/voiceless/

Nursing Home Abuse Investigations Delayed

It's been 11 months since Johnson Mathers Nursing Home in Carlisle received the state's most serious regulatory citation in the May 2009 death of James "Ronnie" Duncan.

The Type A citation also was sent from the Cabinet for Health and Family Services, the agency that issues the citations, to the office of Attorney General Jack Conway, which reviews them for criminal wrongdoing.

Since then, no decision has been made to close the case or pursue criminal charges in the death of the mentally handicapped man who died from profuse bleeding in the brain after a fall. Staff members put Duncan back to bed and left him without treatment for three hours, according to state and court documents.

The Duncan case is one of eight nursing home cases that have languished for months and sometimes years as investigators try to determine whether to pursue charges.

Of the 107 serious citations issued by the cabinet's Office of Inspector General from December 2006 through 2009, eight cases are open and under review by the attorney general's Office of Medicaid Fraud and Abuse Control or local prosecutors, according to a Herald-Leader review.

Those eight cases have been pending for an average of 19 months.

Shelley Johnson, spokeswoman for Conway, said there is no specific time frame in which cases are resolved because of individual factors in each investigation. (Conway has been in office since January 2008.)

Police or coroners are not normally called to nursing home deaths in Kentucky, so there is no collection of physical evidence.

In addition, investigators' high case loads, staffing shortages and coordination with other law enforcement agencies have slowed some investigations, said Johnson. Other factors include high turnover of nursing home staff and difficulty finding witnesses.

At least two cases have been open for nearly three years and involve the same nursing home.

A June 2007 citation against Villaspring of Erlanger in Kenton County says that a resident developed sepsis when the facility didn't monitor pressure ulcers. In December 2007, nursing home officials were cited for failing to monitor a resident's dose of Coumadin, a drug that prevents blood clots.

"In the case of Villaspring, this office has conducted an extensive investigation involving the allegations of abuse and neglect," Johnson said. "Our investigators have also looked into other allegations of neglect at Villaspring that were not the subject of any Type A citation."

Because Villaspring is an ongoing investigation, state officials would not comment on specific details.

Kim Majick, a spokeswoman for Villaspring, said: "The attorney general's office fully investigated these cases, and Villaspring provided multiple charts, interviews, correspondence over that 21/2-year period, and we believe the cases after thorough vetting by the AG's offices are complete."

Type A citations from the state don't include the residents' names.

Other cases that are still open include those involving:

■ Woodcrest Manor Care Center. It's been 11 months since a serious citation was issued at the Elsmere facility, according to records from the attorney general's office.

After a resident experienced five falls in less than a month, Woodcrest Manor officials placed the resident's bed against the wall and put a floor sensor in the room so staff could hear if the resident fell. After that, the resident began scooting down and going over the end of the bed so the floor sensor would not sound.

Even though the nursing staff knew that, there was no evidence that the facility addressed it. On July 9, 2009, the resident was found three feet from the bed with a fractured spine and a hematoma to the head. He was taken to a hospital, where he died six days later. According to the attorney general's office, the case is still under review.

Woodcrest Manor administrator Bob Day declined to comment.

■ Prestonsburg Health Care Center. A citation was issued in June 2009 based on a case involving a resident who for two days was pale, sweating, clutching his legs in pain and yelling "Oh God." No one called a physician, the citation said.

Read more: http://www.kentucky.com/2010/07/12/1345475/serious-cases-are-sometimes-pending.html#ixzz0tlLEi3N5


Abuse investigations tend to languish - Voiceless & Vulnerable: Nursing Home Abuse - Kentucky.com: "- Sent using Google Toolbar"

Investigations into Nursing Home Abuse in Kentucky Can Take Years

The Lexington Herald-Leader reported that an investigation into a Kentucky nursing home is still pending 11 months after the nursing home received a citation for the death of a patient who did not receive treatment for three hours after a fall that caused brain bleeding. No decision to either close the case or pursue criminal charges has been made.

There are eight similar cases open in Kentucky, which have been ongoing for an average of 19 months each. Two of these cases have been open for almost three years and involve the same nursing home. The office that deals with these serious citations, the Kentucky attorney general’s office, has seen a 26 percent budget cut this year. Investigators’ larger caseloads are resulting in the many pending cases.Investigations into Nursing Home Abuse in Kentucky Can Take Years | The Huffington Post Investigative Fund: "- Sent using Google Toolbar"

Saturday, July 10, 2010

N. C. Nursing home faces lawsuit

As a nurse heads to court on murder charges in the morphine-related death of a patient, her Chapel Hill nursing home faces civil malpractice suits following serious injuries to two other patients.

Her husband, Marian Orlowski, died of pneumonia on July 16 at age 86. Two years earlier, his wife took him to Britthaven of Chapel Hill after a surgery at UNC Hospitals.

"Later on that same day, Dr. Marian Orlowski was found on the floor of his room," states a legal complaint filed by the Orlowskis' attorney. "He had fallen and sustained serious personal injuries, including a fracture to his left hip."

The suit accuses Britthaven of negligence, including failure to monitor Orlowski, who suffered from dementia according to the complaint, and not providing a bed with side rails.

Nursing home lawsuits: